Labor rules proposed by MP 927 are no longer effective  

Companies should be attentive to the return of the rules that were changed by the MP.

20/07/2020

HIGHLIGHTS

Labor rules proposed by MP 927 are no longer effective


Companies should be attentive to the return of the rules that were changed by the MP


The Provisional Measure 927/2020, which changed the labor rules during the pandemic period, are no longer valid as of July 19  as it was removed from the Senate voting agenda.

Therefore, as of this Monday, July 20, employers must apply the rules prior to the publication of MP 927, disregarding the proposals brought by the measure.


Find below our highlights to the practices that are no longer effective:

 

    TELEWORKING: as predicted by the MP, changing from work from home system to a face-to-face system could be communicated to the employee 48 hours in advance. Now, the employers should communicate at least 15 days before the return date.

    TRAINEES AND LEARNING: No longer allowed to perform teleworking.

      AMENDMENT TERM OF THE WORK CONTRACT: A prior contractual amendment in relation to the change is required. Due to the mutual agreement, the amendment must be agreed before migrating to the teleworking regime, for example.

     

    ANTICIPATING THE VACTION: vacations for unenjoyed periods can no longer be anticipated.

    VACATION: the additional 1/3 returned to be paid together with the vacation. The notice period returns to thirty days in advance and the payment is made again with two days in advance.

    PECUNIARY ALLOWANCE: it was conditioned to the employer, but the payment becomes mandatory again upon the employee's request.

    HOLIDAYS: cannot be anticipated anymore.

    TIME BANK: no new time bank agreement can be entered into for compensation in 18 months. For those that already exist, the validity remains.

    OCCUPATIONAL HEALTH EXAMS: hiring, periodic, return to work and all other exams are mandatory again.

    TERMINATION: all the payments provided for in labor legislation must be made within the deadlines.

    HEALTH ESTABLISHMENTS: individual written agreement is no longer valid, even for unhealthy activities and twelve-hour working day with thirty-six hours of rest.


With MP 927 becoming no longer effective over time, with no consideration by the National Congress, it is up to the Legislative to issue the Decree itself to rule its effects in the long term.

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